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SJR 16: Relating to reauthorization and reform of the Endangered Species Act.

00SENATE JOINT RESOLUTION NO. 16 01 Relating to reauthorization and reform of the Endangered Species Act. 02 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 WHEREAS the Endangered Species Act (Act) will be considered for reauthorization 04 by the Congress; and 05 WHEREAS the State of Alaska supports the basic concept embodied in the Act to 06 prevent the extinction of species; and 07 WHEREAS effective protection for most endangered species is dependent upon 08 cooperation among federal agencies, state fish and wildlife agencies, local governments, and 09 private landowners; and 10 WHEREAS improper implementation of the Act has often created adversarial 11 relationships among federal agencies, state fish and wildlife agencies, local governments, and 12 private landowners; and 13 WHEREAS the detrimental effects of the Act on private landowners and regional 14 economies is a disincentive for landowners to cooperate in the implementation of the Act and

01 results in less protection for potentially endangered species on private land; and 02 WHEREAS the federal agencies charged with administering the Act have often 03 misused their authority under the Act; and 04 WHEREAS an inadequate scientific basis exists for many decisions made by federal 05 agencies regarding the listing of species and recovery plans for endangered species; and 06 WHEREAS administrative reforms promised by the Clinton administration either have 07 not been implemented or have been wholly inadequate; and 08 WHEREAS new policies adopted by the federal agencies charged with implementing 09 the Act have not significantly improved the implementation of the Act; 10 BE IT RESOLVED that the Alaska State Legislature respectfully requests the 11 Congress to proceed with reauthorization of the Endangered Species Act (Act); and be it 12 FURTHER RESOLVED that the Alaska State Legislature respectfully recommends 13 that the reauthorized Act contain the following features in order to assure partnerships with 14 the states, protection of private property rights, and appropriate conservation of endangered 15 species: 16 (1) an effective partnership with the states in the conservation of endangered 17 species; 18 (2) greater flexibility for states in implementing the Act, including opportunity 19 for consultation under sec. 7 of the Act; 20 (3) an exemption from the Federal Advisory Committee Act for cooperative 21 ventures with the states; 22 (4) requirements for stricter scientific and quantitative criteria for listing 23 species under the Act; 24 (5) elimination of the concept of "distinct population segment" from the 25 definition of "species"; 26 (6) establishment of taxonomic standards for listing subspecies under the Act; 27 (7) scientific peer review procedures for listing and "de-listing" of species 28 under the Act; 29 (8) establishment of species conservation and recovery standards that take into 30 consideration the ability of a species to recover, the costs of implementation, and the public 31 interest; and

01 (9) a requirement that recovery plans impose equitable burdens on user 02 groups; and be it 03 FURTHER RESOLVED that the Alaska State Legislature requests that the 04 reauthorized Act not include 05 (1) an expansion of federal authority; 06 (2) provisions that further complicate the law by integrating implementation 07 of the Biodiversity Treaty with the Act; and 08 (3) the creation of a new, overlapping, and ambiguous biological diversity 09 reserve system. 10 COPIES of this resolution shall be sent to the Honorable Ted Stevens and the 11 Honorable Frank Murkowski, U.S. Senators, and the Honorable Don Young, U.S. 12 Representative, members of the Alaska delegation in Congress.